When a harmful act is caused by the joint fault of two people, the courts have the option of sentencing them both jointly and severally to compensate the victim.
The Cour of Cassation has recently considered the situation where one of the parties has acted intentionally while the other has simply been careless or negligent.
For reasons of equity in particular, the Court ruled that the person who committed an intentional offence can no longer rely on the negligence of the other person to make him or her bear part of the victim's damages.
If you would like more information, or if you are faced with a problem involving your liability or that of a third party, you can contact Me Arnaud Massart.